High Court of DelhiW.P.(CRL)/2802/2016

Anupam Nagar v. State Of NCT Of Delhi & ANR

2016-09-23Hon'Ble Mr. Justice Vipin Sanghi2 pages

$~36.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2802/2016 ANUPAM NAGAR ..... Petitioner Through:

Mr. Sonal Sinha and L.K. Singh, Advocates versus STATE OF NCT OF DELHI & ANR ..... Respondent Through:

Mr. Sanjay Lao, ASC with SI Madan Meena and HC Reetesh Kumar, PS Vasant Kunj Ms. Mithu Jain for R-2 with Ms. Jaya Thakuria, Sr. Manager - Legal

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 23.09.2016 Crl. M.A. No.14905/2016 Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(CRL) 2802/2016 & Crl. M.A. No.14904/2016 Issue notice. Notice is accepted on behalf of the State and on behalf of respondent no.2. Counsel for respondent no.2 states that she will be filing the vakalatnama during the course of the day.

The petitioner has preferred the present petition to seek the quashing of FIR No.453/2016 dated 14.06.2016 registered under Section 135 of the Indian Electricity Act as amended in 2003 at PS Vasant Kunj (South) New Delhi and the proceedings arising therefrom. The gist of the petitioner's grievance is that the petitioner being a landlord of the premises had let out the same to a tenant. The premises was provided with an electricity connection. The tenant, it appears that, had resorted to illegal abstraction of energy by committing direct theft. On the basis of the said offence, the FIR came to be registered against the petitioner. The petitioner is the registered owner of the said property. The electricity connection was, in fact, in the name of erstwhile owner from whom the petitioner had acquired the property.

The petitioner submits that the tenant has already settled the entire civil liability of the complainant. Learned counsel for the respondent submits that in view of the said settlement, respondent no.2 has no objection to the quashing of the FIR and the proceedings arising therefrom. Accordingly, the FIR and the proceedings arising therefrom are quashed. Petition stands disposed of.

VIPIN SANGHI, J SEPTEMBER 23, 2016 sr